S48 text: Difference between revisions

Latest revision as of 00:23, 6 August 2015

Removal to hospital of other prisoners

48.—(1) If in the case of a person to whom this section applies the Secretary of State is satisfied by the same reports as are required for the purposes of section 47 above that

[(a) that person is suffering from mental disorder of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment; and

(b) he is in urgent need of such treatment;]^[1] [and

(c) appropriate medical treatment is available for him;]^[1]

the Secretary of State shall have the same power of giving a transfer direction in respect of him under that section as if he were serving a sentence of imprisonment.

(2) This section applies to the following persons, that is to say—

(a) persons detained in a prison or remand centre, not being persons serving a sentence of imprisonment or persons falling within the following paragraphs of this subsection;

(b) persons remanded in custody by a magistrates’ court;

(c) civil prisoners, that is to say, persons committed by a court to prison for a limited term [...],^[2] who are not persons falling to be dealt with under section 47 above;

(d) persons detained under the Immigration Act 1971 [or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State)].^[3]

(3) Subsections (2) [and (3)]^[1] of section 47 above shall apply for the purposes of this section and of any transfer direction given by virtue of this section as they apply for the purposes of that section and of any transfer direction under that section.

Amendments

↑ ^{Jump up to: 1.0} ^1.1 ^1.2 Mental Health Act 2007s1 & sch 1, s5; Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008 wef 3/11/08 Cite error: Invalid <ref> tag; name "MHA" defined multiple times with different content
↑ Statute Law (Repeals) Act 2004
↑ Nationality, Immigration & Asylum Act 2002

Pending amendments

Criminal Justice and Court Services Act 2000 sch 8: Repeal: In section 48(2)(a), “or remand centre”.

[MHA-1] {Jump up to: 1.0} ^1.1 ^1.2 Mental Health Act 2007s1 & sch 1, s5; Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008 wef 3/11/08 Cite error: Invalid <ref> tag; name "MHA" defined multiple times with different content

[2] Statute Law (Repeals) Act 2004

[3] Nationality, Immigration & Asylum Act 2002

[1]

[2]

[3]

@@ Line 1: / Line 1: @@
-.—(1) If in the case of a person to whom this section applies the Secretary of State is satisfied by the same reports as are required for the purposes of section 47 above that that person is suffering from mental illness or severe mental impairment of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment and that he is in urgent need of such treatment, the Secretary of State shall have the same power of giving a transfer direction in respect of him under that section as if he were serving a sentence of imprisonment.
+<div class="perm">
+'''Removal to hospital of other prisoners'''
+.—(1) If in the case of a person to whom this section applies the Secretary of State is satisfied by the same reports as are required for the purposes of section 47 above that
+:[(a) that person is suffering from mental disorder of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment; and
+:(b) he is in urgent need of such treatment;]<ref name="MHA">[[Mental Health Act 2007]]s1 & sch 1, s5; [[Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008]] wef 3/11/08</ref> [and
+:(c)    appropriate medical treatment is available for him;]<ref name="MHA">[[Mental Health Act 2007]]</ref>
+the Secretary of State shall have the same power of giving a transfer direction in respect of him under that section as if he were serving a sentence of imprisonment.
 (2) This section applies to the following persons, that is to say—
@@ Line 7: / Line 18: @@
 :(b) persons remanded in custody by a magistrates’ court;
-:(c) civil prisoners, that is to say, persons committed by a court to prison for a limited term (including persons committed to prison in pursuance of a writ of attachment), who are not persons falling to be dealt with under section 47 above;
+:(c) civil prisoners, that is to say, persons committed by a court to prison for a limited term [...],<ref>[[Statute Law (Repeals) Act 2004]]</ref> who are not persons falling to be dealt with under section 47 above;
+:(d) persons detained under the Immigration Act 1971 [or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State)].<ref>[[Nationality, Immigration & Asylum Act 2002]]</ref>
+(3) Subsections (2) [and (3)]<ref name="MHA"/> of section 47 above shall apply for the purposes of this section and of any transfer direction given by virtue of this section as they apply for the purposes of that section and of any transfer direction under that section.
-:(d) persons detained under the Immigration Act 1971.
+{{amdts}}
+<references/>
-(3) Subsections (2) to (4) of section 47 above shall apply for the purposes of this section and of any transfer direction given by virtue of this section as they apply for the purposes of that section and of any transfer direction under that section.
+{{pending}}
+#[[Criminal Justice and Court Services Act 2000]] sch 8: Repeal: In section 48(2)(a), “or remand centre”.
+</div>
+__NOEDITSECTION__